Originalism as Intellectual History

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If the majority opinions in Dobbs and Bruen taught us one thing it is that the Supreme Court’s originalist jurists remain deeply committed to the practice of history. Throughout its last term, the Court often surveyed the literature and law of the past to address modern life’s most pressing constitutional questions. So, if judges are to take on the mantle of history, what form should their historical inquiry take?

Read more in Harvard Journal of Law & Public Policy

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